Paid or Received Damages or Other Settlement Payments and Legal Expenses Sample Clauses

Paid or Received Damages or Other Settlement Payments and Legal Expenses. If Managing Company (a) is required to pay any damages or other settlement payments and/or incur legal expenses in connection with a Supply Agreement or any dispute related thereto or (b) receives the payment of damages or settlement amounts or other payments or reimbursements in connection with a Supply Agreement, then the Operating Companies will divide the amounts so paid or share the amounts received, as applicable, on a pro-rata basis based on each Operating Company’s proportionate use of such Fuel for the twelve (12) months immediately preceding the date of such sale or disposition. For the avoidance of doubt, any proceeds from the sales or costs of disposing of such Fuel are addressed in Section 3.5 hereof and are not subject to this Section 3.6.
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Paid or Received Damages or Other Settlement Payments and Legal Expenses. If Managing Company (a) is required to pay any damages or other settlement payments and/or incur legal expenses in connection with a Use Agreement or Vendor Agreement, the use or disposition of any Equipment or any dispute related thereto or (b) receives the payment of damages or settlement amounts or other payments or reimbursements in connection with a Use Agreement, Vendor Agreement, the use or disposition of any Equipment, or any dispute related thereof, then the Operating Companies will divide the amounts so paid or share the amounts received, as applicable, on a pro-rata basis based on each Operating Company’s proportionate use of such Equipment for the twelve (12) months immediately preceding the date of such sale or disposition. For the avoidance of doubt, any proceeds from the sales or costs of disposing of such Equipment are addressed in Section 5.5 hereof and are not subject to this Section 5.6.
Paid or Received Damages or Other Settlement Payments and Legal Expenses. If Managing Company (a) is required to pay any damages or other settlement payments and/or incur legal expenses in connection with a Supply Agreement or any dispute related thereto or (b) receives the payment of damages or settlement amounts or other payments or reimbursements in connection with a Supply Agreement, then the Operating Companies will divide the amounts so paid or share the amounts received, as applicable, on a pro-rata basis based on each Operating Company’s proportionate use of such Other Consumables for the twelve (12) months immediately preceding the date of such sale or disposition. For the avoidance of doubt, any EXHIBIT A Attachment 1 proceeds from the sales or costs of disposing of such Other Consumables are addressed in Section 6.4 hereof and are not subject to this Section 6.5.

Related to Paid or Received Damages or Other Settlement Payments and Legal Expenses

  • Compensation for Damages or Losses When investments by investors of either Contracting Party suffer damages or losses owing to war, armed conflict, a state of national emergency, revolt, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party a treatment, as regards compensation or other settlement, not less favourable than that accorded to its own investors or to investors of any Third State.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Compensation for Damages and Losses Investors of either Contracting Party whose investments suffer losses in the territory of the other Contracting Party owing to war or other armed conflict, revolution, a state of national emergency or revolt, shall be accorded treatment by such other Contracting Party not less favourable than that which the latter Contracting Party accords to its own investors or to investors of any third State as regards restitution, indemnification, compensation or other valuable consideration.

  • Deduction of Damages from Contract Price Upon prior written notice being issued to the Contractor, CMHA may deduct all or any part of the damages resulting from Contractor’s default from any part of the price still due on this Agreement.

  • CONTRACT LIMIT, FEES AND EXPENSES changing the not-to-exceed amount of the Contract from ONE MILLION SEVEN HUNDRED NINTY THOUSAND DOLLARS AND ZERO CENTS ($1,790,000.00) to TWO MILLION ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,100,000.00), as approved by the Executive Director on October 22, 2021.

  • REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • Our Right to Make Payments and Recover Overpayments If payments which should have been made by us according to this provision have actually been made by another organization, we have the right to pay those organizations the amounts we decide are necessary to satisfy the rules of this provision. These amounts are considered benefits provided under this plan and we will not have to pay those amounts again. If we make payments for allowable expenses, which are more than the maximum amount needed to satisfy the conditions of this provision, we have the right to recover the excess amounts from: • the person to or for whom the payments were made; • any other insurers; and/or • any other organizations (as we decide). As the subscriber, you agree to pay back any excess amount paid, provide information and assistance, or do whatever is necessary to aid in the recovery of this excess amount. The amount of payments made includes the reasonable cash value of any benefits provided in the form of services.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

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